일수벌금제도의 도입에 관한 연구

• 영문명: A Research on the Day Fine System
• 발행기관: 한국형사정책학회
• 저자명: 최정학(Choi, Cheong-Hak)
• 간행물 정보: 『형사정책』刑事政策 第25卷 第2號, 75~97쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.08.31

영문 초록

Since a few decades, it has been argued that the fine system is to be changed to a daily-based one. Day Fine system means that the court should sentence the term of fine and the amount of day fine separately, and the term is decided on the criminal responsibility and the amount of day fine is to be fixed in proportion with the economic condition of the convicts. For this system, it is suggested that it is fairer than the present fine system because the burden of the same amount of fine can be so much different to the people having different economic wealth and income. However, there has been strong counter argument to this day fine system. They said that it has some question with the principle of the proportionality("Schuld Prinzip" in German) and more seriously it is very difficult to find out the convict's economic condition exactly. So, this essay tries to answer these two questions. First, it reviews the theoretical opposement of the day fine system and propose a new perspective of the fine as a punishment. Second, this essay suggests some way of probing the economic condition of the convicts and argues that now it is possible to introduce this new kind of fine system.

목차

Ⅰ. 머리말

Ⅱ. 일수벌금제와 책임주의

Ⅲ. 당사자의 경제력에 대한 조사와 하루벌금액의 확정

Ⅳ. 그 밖의 문제들 - 일수벌금제의 보완

Ⅴ. 맺음말

참고문헌

키워드

일수벌금제 하루벌금액 책임주의 순소득 벌금의 분납과 연납 Day Fine System Proportionality Net Income Probation of the Fine